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Income Tax Audits

Services for Income Tax Audits

According to the Companies Act, 2013, there are number of laws framed in India that regulate various audit types, such as an income tax audit, cost audit, stock audit, statutory or company audit. An income tax audit determines whether a person or a company has properly filed their tax returns for the assessment year or not. The guidelines for an income tax audit are outlined in Section 44AB of the Income Tax Act of 1961.

The objective of an income tax audit does not require Taxpayers who are required to have their accounts audited under any other law than Section 44AB of the Income Tax Act of 1961 to get their accounts reviewed. In such cases, the accounts pursuant to any other law may be shown as a tax audit report for the purpose of submitting income tax returns. Prior to the deadline, the audit report must be submitted.

Regulations pertaining to an income tax audit in India are also outlined in the following provisions of the Income Tax Act of 1961-

  • For Non-Resident Indians (NRIs) engaged in the business of specialising in the mineral oil industry, such as exploration, see Section 44BB.
  • International Company engaged in the business of undertaking certain power projects or other types of civil construction, see Section 44BBB
  • Any business, excluding those listed under Section 44AE, is covered by Section 44AD.
  • Rules for income tax audits of qualified professionals are mentioned in Section 44ADA.
  • The companies that specialise in leasing, employing, and operating goods carriages are the subject of section 44AE.

Understand Tax Audit

  • Tax auditing is the process of examining the taxpayer's financial records. In order to form an opinion regarding the assessee’s tax compliance activities, the auditor checks or examines the books.
  • When preparing the books of accounts, the assessee must abide by the requirements of the Income Tax Act of 1961, specifically sections 28 to 44DB.
  • The provisions outlined in these sections deal with the computation of income, chargeability, and various allowances or disallowances for any business or profession that is subject to tax.
  • A tax audit makes sure that the rules and regulations of tax law are followed in maintaining the books of accounts.
  • It also makes sure that tax liability, if any, has been paid on time and that the assessee has not secreted any income.
  • The basic objective of a tax audit is to make sure that the company being audited has accurately reported all of its income, expenses, and tax-deductible expenses.
  • The Income Tax Act of 1961, Section 44AB, contains the pertinent conditions and provisions for conducting an income tax audit in accordance with the Act.

Purpose of the Tax Audit

Tax audit is done to fulfil the following purposes-

  • A review of the accuracy of income tax returns filed timely in the assessment year by companies and individuals, as well as the Chartered Accountant's record-keeping.
  • After carefully examining any errors or omissions in the filed tax returns, the tax auditor should report their findings.
  • Tax audits look for any frauds, errors or malpractices if any, made when filing tax returns.
  • To provide the pertinent information regarding compliance, tax depreciation, etc. in accordance with the applicable income tax laws. These simplify the procedures used by the income tax authorities in calculating and evaluating the reliability of the income tax return submitted by the company or individual.

Who is in need of a tax audit?

If a taxpayer's business's turnover, sales, or gross receipts for the fiscal year exceed Rs. 1 crore, a tax audit must be conducted. In several other situations, a taxpayer must have their accounts audited. The tables below list how the situations have been classified-

NOTE- If the taxpayer's cash receipts are limited to 5% of the turnover or gross receipts, and the cash payments are limited to 5% of the aggregate payments, the threshold is proposed to be increased to Rs 5 crore from Rs 1 crore for tax audit with effect from AY 2020-21 (FY 2019-20).

Steps to follow while considering Tax Audit

  • Basic vouching, similar to a statutory audit
  • Reconciling the turnover with indirect tax returns is the main step in conducting a tax audit.
  • Look over payment challans and TDS returns.
  • Disallowing all or 30% of the expenses.
  • Examining claim deductions
  • Not allowing the acceptance of any penalties or late fees
  • Checking if ICDS have been adhered to
  • Verifying the transferability of MAT/AMT credits
  • Make sure that CSR expenses are not deducted
  • Information about any received indirect tax refunds
  • For firms, examining the remuneration received
  • Examining depreciation workings

What are the steps for submitting a tax audit report?

The steps for submitting a tax audit report are described below-

  • The income tax return filing deadline, which is when the tax audit report must be submitted, must be met. The following are the deadline dates for filing income tax returns:
  • The taxpayer must accept or reject the tax audit report on their login page after the auditor submits it. The whole process must be repeated until the taxpayer accepts the tax audit report in the event that they reject it.
  • In their login platform, the taxpayer must also provide any pertinent details about their chartered accountant.
  • Using his or her official login information, the auditor or Chartered Accountant (CA) charged with conducting a tax audit of a person or company must submit a tax audit report online.
    1. a) For taxpayers involved in an international transaction, the 30th November of the following assessment years.
      b) For other taxpayers, the 30th September of the assessment year after.

What are the Key Points to Remember in the Event of a Tax Audit?

Regarding tax audits, the following points should be taken into consideration-
  • The tax audit is not based on the combined turnover from a person's business and profession if they operate both.
  • If you carry forward more than one profession, you will need to have your account books audited if the total gross receipts of all of your businesses exceed Rs. 50 lakhs.
  • If the combined turnover of all your businesses exceeds Rs. 1 crore, or if you are involved in more than one transaction, you must have your accounts audited.
    a) A business account audit is necessary if the annual turnover exceeds Rs. 1 crore.
    b) The profession accounts must be audited if the gross receipts from the profession exceed Rs. 50 lakhs.
    c) However, no audit is required for either of the accounts if the business turnover and professional receipts equates to Rs. 90 lakhs and Rs. 40 lakhs respectively.
  • If you sell a fixed asset but your business's annual turnover is less than Rs. 50 lakhs or Rs. 1 crore, the money you earn will be counted as part of your professional profits. The sales of the following products are not included in the professional or business person's total gross receipts or turnover calculation-
    1. a) Investment-related assets for ex, shares, securities, or stocks.
      b) Fixed assets
      c) Rent received.
      d) Interest income that is not included in business income.
      e) Any cost that the client reimburses.
      f) The tax audit report cannot be changed once it has been submitted online.

Penalty for the Non-Compliance with Tax Audit

The penalty for failing to comply with tax audit laws is the one lower from the following-

Some of the permitted causes include-

  • According to Section 273B, no penalty will be assessed if the taxpayer can show a legitimate reason behind his delay in filing the audit report or failure to do so.
  • If the audit is not finished and the report is not submitted by the deadline, which is before or on September 30th, then a penalty of up to Rs. 1.5 lakh or 0.5% of the turnover, whichever is less, must be paid.
  • The taxpayer must pay the penalty outlined in Section 271B of the Income Tax Act if the books of accounts are not audited in accordance with Section 44AB.
  • A fine of Rs. 150,000 was assessed.
  • Five percent (5%) of total sales, gross receipts, or turnover;
    a) The delay was brought on by the tax auditor's resignation.
    b) A delay brought on by the death or physical incapability of the partner in charge of the accounts.
    c) Labour-related delays, such as those brought on by strikes or lockouts.
    d) Any delays brought on by the loss of accounts because of theft, fire, or other uncontrollable events.
    e) Natural disasters

What Forms Are Necessary for A Tax Audit?

  • All the forms required to file an income tax audit of a business or profession listed under Section 44AB are mentioned in Rule 6G of the Income Tax Act of 1961.
  • A businessperson or professional must submit Forms 3CA (Audit Form) and 3CD if they need their accounts audited in accordance with any law other than the Income Tax Act (Statement of Particulars).
  • A businessperson or professional must utilise Form 3CB (Audit Form) and Form 3CD if they are simply required to audit their accounts in accordance with the Income Tax Act only.
  • The taxpayer does not need to conduct the audit twice in the same year if it is required of him or her to do so by more than one statute, such as the Income Tax Act and the Companies Act. For proper review, the taxpayer may provide the same audit report. The tax audit must be completed again in accordance with the Income Tax Act for the relevant year if the auditing is done for separate Acts in different accounting years.

What Situations Justify a Tax Audit?

The groups of income taxpayers that must face a mandatory income tax audit are listed in Section 44AB of the Income Tax Act of 1961. These groups consist of-

  • A self-employed individual running a business with a turnover of at least Rs. 1 crore per year.
  • A self-employed whose income receipts is a financial year are a total of at least Rs. 50 lakhs.
  • A person who asserts that the estimated profits are less than the total tax paid for the financial year but nevertheless qualifies for the presumptive taxation scheme under Section 44AD.
  • A self-employed person whose recorded turnover for the fiscal year exceeds the amount exempted from taxation or otherwise not subject to taxation.
  • If a taxpayer who qualifies for taxes under the presumptive taxation scheme chooses to leave it for a predetermined amount of time, they must choose back into presumptive taxation for a continuous period of five assessment years after leaving it.
  • A person who argues that the profits are smaller than those estimated using the presumptive taxation scheme while being eligible for the presumptive taxation scheme under Section 44AE.
  • Anyone who argues that their profits are lower than those determined using the presumptive taxation scheme even though they meet the requirements of Section 44BB for the presumptive taxation scheme.

A tax auditor may be anyone, right?

The following is a list of clearly stated restrictions on the appointment of tax auditors-

  • Any member who works part-time is not qualified to conduct a tax audit.
  • A chartered accountant is not allowed to audit the accounts of someone to whom he owes more than Rs. 10,000.
  • If a statutory auditor accepts the appointment of a public sector undertaking, government entity, listed company, or other public company with annual turnover of at least Rs. 50 crores and accepts any other work, assignment, or service involving the same undertaking or company on a fee that is in excess of the fee payable for performing the statutory audit of the same undertaking or company, they will be deemed to have engaged in professional misconduct.
  • Such accounts should not be audited by the chartered accountant who is tasked with creating and maintaining the assessee's books of account.
  • Any partner or employee of a professional firm of Chartered Accountants is not permitted to conduct the audit of the firm's financial records.
  • A tax auditor cannot be appointed who is also the assessee's internal auditor.
  • In any given financial year, no auditor may accept more than 45 tax audit tasks.

What can you do to protect yourself from a tax audit?

Earning a profit is the main reason for getting engaged in any form of business or professional activity. The profit must be made ethically and legally. For a successful tax audit, you must carry out the aforementioned tasks-

  • Keep the books of accounts in a manner that is sufficiently detailed.
  • In accordance with Chapter IV of the Income Tax Act of 1961, calculate your profit or gain.
  • Check to see if your income is taxable.
  • Always state the taxable income and permissible loss in the income tax return file.

What is the CA's Permitted Number of Tax Audits?

  • A Chartered Account may only take on 60 Tax Audit Assignments in accordance with Section 44AB.
  • Therefore, if a firm has four partners, the number of tax audits the firm can conduct in a tax year is 60*4=240 or less.
  • The partners would not be permitted to accept any tax audit tasks if the firm completes all 240 assignments.
  • The tax audit must be prepared electronically by the chartered accountant conducting it.

How can you reach Estabizz?

  • Fill the form.
  • Get a call back
  • Submit the required documents.
  • Track the progress of your application.
  • Get the expected results.

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